WVC 22 - 15 A- 3
§22-15A-3. West Virginia litter control and recycling programs;
transfer of programs and employees; additional
duties of secretary; grants to counties and
municipalities; and rules relating thereto.
(a) After July 1, 2005, the litter control and recycling
programs heretofore operated and managed by the Division of Natural
Resources shall transfer to the Department of Environmental
Protection.

With the transfer of the West Virginia Litter Control and
Recycling Programs from the jurisdiction of the Division of Natural
Resources to the jurisdiction of the Department of Environmental
Protection, all records, assets and contracts, along with rights
and obligations thereunder, obtained or signed on behalf of the
Litter Control and Recycling Programs are hereby transferred and
assigned to the Department of Environmental Protection.

(b) The Commissioner of the Division of Natural Resources and
the Secretary of the Department of Environmental Protection shall
determine which employees of the Division of Natural Resources will
be transferred to the Department of Environmental Protection. All
employees including administrators of the litter control and
recycling programs are subject to being transferred to the
Department of Environmental Protection. Employees in the
classified service who have gained permanent status as of the
effective date of this article, enacted during the 2005 regular
session of the Legislature, will not be subject to further qualifying examination in their respective classifications by
reason of the transfer required by the provisions of this section.
Nothing contained in this section may be construed to either
abridge the rights of employees within the classified service of
the state to the procedures and protections set forth in article
six, chapter twenty-nine of this code or to preclude the
reclassification or reallocation of positions in accordance with
procedures set forth in said article. The Division of Personnel
shall work with the commission and secretary to efficiently
transfer employees from the Division of Natural Resources to the
Department of Environmental Protection.

(c) In addition to all other powers, duties and
responsibilities granted and assigned to the Secretary of the
Department of Environmental Protection in this chapter and
elsewhere by law, the secretary, in the administration of the West
Virginia Litter Control Program created by this section, shall:

(1) Coordinate all industry and business organizations seeking
to aid in the litter control and recycling effort;

(2) Cooperate with all local governments to accomplish
coordination of local litter control and recycling efforts;

(3) Encourage, organize, coordinate and increase public
awareness of and participation in all voluntary litter control and
recycling campaigns, including citizen litter watch programs,
seeking to focus the attention of the public on the litter control
and recycling programs of the state and local governments and of private recycling centers;

(4) Recommend to local governing bodies that they adopt
ordinances similar to the provisions of section four of this
article;

(5) Investigate the methods and success of techniques of
litter control, removal and disposal utilized in other states, and
develop, encourage, organize and coordinate local litter control
programs funded by grants awarded pursuant to subsection (d) of
this section utilizing such successful techniques;

(6) Investigate the availability of, and apply for, funds
available from any and all private or public sources to be used in
the litter control program created by this section;

(7) Attract to the state persons or industries that purchase,
process or use recyclable materials;

(8) Contract for the development, production and broadcast of
radio and television messages promoting the West Virginia Litter
Control Program. The messages should increase public awareness of
and promote citizen responsibility toward the reduction of litter;
and

(d) All authority to promulgate rules pursuant to article
three, chapter twenty-nine-a of this code establishing criteria for
awarding direct or matching grants for the study of available research and development in the fields of litter control, removal
and disposal, methods for the implementation of such research and
development, and the development of public educational programs
concerning litter control is hereby transferred from the Division
of Natural Resources to the Secretary of the Department of
Environmental Protection as of the effective date of enactment of
this section and article during the 2005 session of the
Legislature: Provided, That any rule promulgated by the Division
of Natural Resources relating to such grants shall remain in force
and effect as though promulgated by the Department of Environmental
Protection until the Secretary amends the rules in accordance with
the provisions of article three, chapter twenty-nine-a of this
code.

(e) All authority to promulgate rules pursuant to article
three, chapter twenty-nine-a of this code designating public areas
where litter receptacles shall be placed and the minimum number of
litter receptacles in accordance with subsection (g), section four
of this article is hereby transferred from the Division of Natural
Resources to the Secretary of the Department of Environmental
Protection as of the effective date of enactment of this section
and article during the 2005 session of the Legislature. Any rule
promulgated by the Division of Natural Resources relating to
littering receptacles shall remain in effect as if promulgated by
the Secretary until amended by the secretary.

(f) Commencing on July 1, 2005, the secretary shall expend annually at least fifty percent of the moneys credited to the
Litter Control Fund in the previous fiscal year for matching grants
to counties and municipalities for the initiation and
administration of litter control programs. The secretary shall
promulgate rules pursuant to article three, chapter twenty-nine-a
of this code establishing criteria for the awarding of matching
grants.

(g) The Secretary of the Department of Environmental
Protection in cooperation with the Commissioner of Highways, the
Department of Commerce, the West Virginia State Police, the United
States Forestry Service and other local, state and federal
law-enforcement agencies shall be responsible for the
administration and enforcement of all laws and rules relating to
the maintenance of cleanliness and improvement of appearances on
and along highways, roads, streets, alleys and any other private or
public areas of the state. These other agencies shall make
recommendations to the Secretary, from time to time, concerning
means and methods of accomplishing litter control consistent with
the provisions of this chapter. Such cooperation shall include,
but not be limited to, contracts with the Commissioner of Highways
to operate a litter control program.

(h) All other state agencies and local governments shall
cooperate with the Secretary in effecting the purposes of the
litter control program.

Note: WV Code updated with legislation passed through the 2016 Regular Session
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